The state of Oklahoma is 36 hours away from what could be the first execution in six years.
Death row inmate John Grant is scheduled to be put to death at 4 p.m. Thursday, unless a court rules to stop it.
Grant is currently waiting on a decision from the appeals court.
Five death row inmates are fighting a federal judge’s ruling from Monday that refuses to delay their executions.
The men’s lives hang in the balance as the legal challenge to Oklahoma’s lethal injection protocols continues.
The district court noted that there are some concerns about the drug combination the state of Oklahoma intends to use," said Dale Baich, one of the attorneys for the prisoners. "So, this issue is far from resolved. The only question is will those six prisoners get the benefit of any finding on the constitutionality of the Oklahoma protocol."
The 26-page long appeal lists the concerns, calling the five men guinea pigs for the first execution since 2015.
If the stay is approved, both sides will have to present their case faster than the normal schedule.
Once the 10th circuit makes a decision expected sometime Wednesday morning, attorneys say the next step will most likely be the Supreme Court.
The Department of Corrections said it is prepared to carry out Grant's execution if it moves forward.